CM-2014-636 - 12/26/2014City of Round Rock
ROONDRO[K
Texas Agenda Item Summary
Agenda Number:
Title: Consider executing a real estate contract with Stanley C. Roberts and
Bride R. Roberts for the acquisition of certain easement interests required
for the construction of the Lake Creek 3 Wastewater Improvement Project.
Type: City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
12/26/2014
Dept Director:
Steve Sheets
Cost:
$2,258.00
Indexes:
Attachments:
00326525.PDF, 00326521.PDF
Department:
Legal Department
Text of Legislative File CM -2014-636
Consider executing a real estate contract with Stanley C. Roberts and Bride R. Roberts for the
acquisition of certain easement interests required for the construction of the Lake Creek 3
Wastewater Improvement Project.
Staff recommends approval.
CHyorRomd Rock Page t Piinftd on IV1912014
LEGAL DEPARTMENT APPROVAL FOR CITY COLINCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name:
Project Mgr/Resource: Dun Childs
r—lcouncii Action:
ORDINANCE
QCity Manager Approval
Project Name: Lake Creek 3 Wastewater Improvement
ContractorlVendor: Stanley C. Roberts and Bride R. Roberts
RESOLUTION
CMA Wording
Consider executing a real estate contract with Stanley C. Roberts and Bride R. Roberts for the acquisition of certain easement
interests required for the construction of the Lake Creek 3 Wastewater Improvement Project.
Attorney Approval
14Altorney 01A Date 12 .IL
O:\wdoz\SCClnts\0199\1490-2\MISC\00326521.XLS Updated 6/3/08
REAL ESTATE CONTRACT
LAKE CRF.f:K 3 WASTEWATER LINE
This Real Estate Contract ("Contract") is entered into between STANLEY C. ROBERTS and
BRIDE R. ROBERTS, ("Seller"), and the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation ("Buyer") upon the terms and conditions set forth as follows:
1. Purchase and Sale of Properly
1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, a
permanent wastewater easement easement interest in and to that certain parcel of land totaling
approximately 0.028 acre, and a temporary easement interest in and upon approximately 0.038
acre, all located in Williamson County, Texas, and being more particularly described by metes
and bounds and accompanying plat in Exhibit "A", attached hereto and incorporated herein.
1.02 The real property interests described above, and any rights or appurtenances are
referred to in this Contract as the "Property".
2. Sales Price
2.01 Amount of Sales Price. The sales price for the Property shall be the sum of TWO
THOUSAND TWO HUNDRED FIFTY EIGHT and NO/100 DOLLARS ($2,258.00)("Sales
Price").
2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in
cash at the closing.
3. Buvers Obligations
3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract
are subject to the satisfaction of each of the following conditions (any of which may be waived
in whole or in part by Buyer at or before the closing).
3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller,
at Seller's expense, will obtain from the Title Company a preliminary title report ("Title
Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property.
(A) Buyer will give Seller written notice on or before 10 days prior to the
Closing of this transaction that the condition of title as set forth in the Title Report is not
satisfactory.
(B) In the event that Buyer states that the condition is not satisfactory, Seller
will promptly undertake to assist Buyer, with all costs to be home by Buyer, to eliminate or
modify all unacceptable matters to the reasonable satisfaction of Buyer. Otherwise, any objection
by the Buyer may also be waived in writing prior to Closing.
:RIRibSRInI1ZIIN:1
C&A -1O1-4- 454
3.03 Survey. Buyer, at Buyer's expense, will obtain a current plat or survey of the
permanent easement Property, prepared by a licensed Texas land surveyor selected by Buyer.
3.04 Seller's Full Compliance. Seller will have complied with all of the covenants,
agreements, and conditions required by this Contract by the closing date.
4. Representations and Warranties of Seller
Seller represents and warrants to Buyer, as of the closing date, as follows:
4.01 There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers, other than previously disclosed to Buyer.
4.02 The Property herein is being conveyed to Purchaser under threat of condemnation.
4.03 Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property, or any part of it.
4.04 Seller is not aware of any material physical defects to the Property.
4.05 Seller is not aware of any environmental hazards or conditions that affect the
Property.
4.06 Seller is not aware that the Property is or has ever been used for the storage or
disposal of hazardous materials or toxic waste, or any underground tanks or containers.
5. Closing
5.01 Date and Location. The Closing will be held at the office of Texas American Title
Company ("Title Company"), on or before January 23, 2015 ("Closing Date"), or at a time, date,
and place agreed on by Seller and Buyer.
5.02 Sellers Responsibilities at Closing. At the closing Seller will:
(A) Deliver to Buyer a properly executed and acknowledged Wastewater
Easement (the "Easement') conveying such property interest in and to all of the Property, free of
all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the
following:
(i) Any exceptions approved by Buyer in accordance with Section 3
of this Contract; and
(ii) Any exceptions approved by Buyer in writing.
(B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued
by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's
interest in and to the Property subject to the title exceptions listed in herein, to any other
exceptions approved in writing by Buyer, and to those standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, with the following exceptions:
(i) The boundary and survey exceptions will be deleted;
(ii) The exception as to restrictive covenants will be endorsed "None
of Record"; and
(iii) The exception as to the lien for taxes will be limited to the year of
closing and will be endorsed "Not Yet Due and Payable."
(C) Deliver to Buyer possession of the Property.
(D) The form of the Easement document shall be as shown in Exhibit `B"
attached hereto and incorporated herein.
5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales
Price.
5.04 Proration. General real estate taxes for the current year relating to the Property,
interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be
prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs
before the tax rate has been fixed for the current year, the apportionment of taxes will be on the
basis of the tax rate for the preceding year applied to the latest assessed valuation. All special
taxes or assessments to the Closing Date will be paid by Seller.
5.05 Apportionment of Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property will be paid as follows:
(A) Owner's Title Policy paid by Buyer.
(B) Survey paid by Buyer.
(C) Easement, tax certificates, and title curative matters, if any, paid by Buyer.
(D) All other closing costs to be paid by Buyer.
(E) Attorney's fees paid by each respectively.
6. Breach by Seller
6.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely
perform any of its obligations under this Contract or fails to consummate the sale of the Property
for any reason (except for Buyer's default), Buyer will have the right to:
(A) Enforce specific performance of this Contract; or
(B) Request that the Escrow Deposit, if any, will be returned by the Title
Company to Buyer.
7. Breach by Buyer
7.01 Seller's Rights in the Event of Breach by Buyer. In the event Purchaser should
fail to consummate the purchase of the Property, the conditions to Buyer's obligations set forth
herein having been satisfied and Buyer being in default and Seller not being in default hereunder,
Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum
being agreed on as liquidated damages for the failure of Buyer to perform the duties, liabilities,
and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to
accept and take this cash payment as its total damages and relief and as Seller's sole remedy
hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the
amount of $500 as liquidated damages for any failure by Buyer.
8. Miscellaneous Provisions
8.01 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated by this Contract, will survive the
closing.
8.02 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Buyer, as the case may be, at the address set forth in the
signature block below.
8.03 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Williamson County, Texas.
8.04 Parties Bound. This Contract shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Contract.
8.05 Legal Construction. In case any one or more of the provisions contained in this
Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability will not affect any other provision hereof, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed.
8.06 Prior Contracts Superseded. This Contract constitutes the sole and only agreement
of the parties and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter of this Contract.
8.07 Time of Essence. Time is of the essence in this Contract.
8.08 Memorandum of Contract. Upon the request of either party, both parties will
promptly execute a memorandum of this Contract suitable for filing of record.
8.9 Compliance. In accordance with the requirements of Section 20 of the Texas Real
Estate License Act, Buyer is advised that it should be famished with or obtain a policy of title
insurance, or Buyer should have the abstract covering the Property examined by an attorney of
Buyer's own selection.
8.10 Effective Date. This Contract shall be effective as of the date it is approved by the
Round Rock City Council or City Manager, which date is indicated beneath the City's signature
below.
8.11 Counterparts. This Contract may be executed in any number of counterparts,
which may together constitute the Contract. Signatures transmitted by facsimile or electronic
mail may be considered effective as originals for purposes of this Contract.
8.12 Signature Warranty Clause. The signatories to this contract represent and warrant
that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively.
The parties are signing this Contract on the dates indicated.
SELLER:
C Address: 6e, vel -4f �•
Stanley C. Krperts
x ?l7GG�
Date:bee gilt%
��llDst�• VSIJchI,
Bride R. Roberts
Date: 17Iti 119.
Address: W Ne'r4c3k +tet'
Terni dick,T)( (J &I
BUYER:
CITY OF ROUND ROCK, TEXAS
BY: / !=&4LdADDRESS: 221 East Main Street
c Round Rock, Texas 78664
Date: /'-(, —/r J
County:
Williamson
Parcel:
Stanley C. Roberts
Bride R. Roberts
Project:
Lake Creek Easement
EXHIBIT_A
PROPERTY DESCRIPTION
Page 1 of 2
DESCRIPTION OF A 0.028 ACRE (1,218 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY,
ABSTRACT NO. 298. IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 11, BLOCK F, DOVE CREEK SECTION 2,
A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET B, SLIDES 271 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO STANLEY C. ROBERTS AND WIFE,
BRIDE R. ROBERTS BY INSTRUMENT RECORDED IN VOLUME 997, PAGE 778 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.028 ACRE (1,218 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point, being the southerly boundary line of Lot 12 of said Dove Creek Subdivision, same being the
northerly boundary lime of said Lot 11, for the southeasterly corner and POINT OF BEGINNING of the herein described tract and
from which a 10 Iron rod found being the southwesterly comer of said Lot 12, same being the northeasterly corner of said Lot 11,
also being the westerly right-of-way line of Deedoot Drive (Sly right-of-way width) beam S 56°31'18" E at a distance of 221.04 feet
1) THENCE, departing the southerly boundary line of sold Lot 12, through the Interior of said Lot 11, S 66°27'54" W for a
distance of 85.47 feel to a calculated Point, being in the southerly boundary line of that 8.378 acre tract of land conveyed
to City of Round Rock by instrument recorded In Volume 592, Page 647 of the Deed Records of Williamson County, Texas
same being the weslerty boundary line of said Lot 11, for the southwesterly corner of the herein described tract;
THENCE, with the southerly boundary line of said 8.378 acre tract, same being the westerly boundary line of said Lot 11, the
following two (2) courses:
2) N 20.42'48" E for a distance of 34.22 feel to a calculated angle point;
3) N 40.09148" E for a distance of 12.38 feet to a calculated angle point;
4) THENCE, departing said 8.378 acre tract, thmugh the Interior of said Lot 11, N 66°27'54" E for a distance of 11.02 feel to
a calculated angle point, being In the southerly boundary line of said Lot 12, same being the northerly boundary line of said
Lot 11, for the most nodheny comer of the herein described tract;
5) THENCE, with the southerly boundary line of said Lot 12, same being the northerly boundary line of said Lot 11, S
56"31'18" E for a distance of 35.77 feet to the POINT OF BEGINNING, containing 0.028 acres (1,218 square feet) of land,
more or less.
NOTE: There is also a Temporary Construction Easement being 20 feel wide, parallel, southerly and adjacent to call i of the
above described tract and as depicted on the accompanying Parcel Plat.
All bearings recited herein are based on the Texas Slate Plane Coordinate System, Central Zone No. 4203, NAD 83.
This property description Is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description Is We and
correct and that the property described herein was determined by a survey made on the ground under my direct supervision.
WITNESS MY HANDOD SEAL at Round Rock, Williamson County, Texas.
/' ,ti, . � a, ,>/D IZC ¢cam
m. a[epnen truesome
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geocietics, LLC
Firm Registration No. 100591-00
1504 Chisholm Trail Road Suite 103
Round Rack, TX 78681
512-238-1200
I LEGEND I
Q
CALCULATED PONT
1/2' IRM ROD FOUND
(UNLESS NOTED OTHERWISE)
P.O.B.
PDNT OF BEOIMRNG
E
PRMEATY UIE
t )
REw D NFORMARM
t
DENOTES COMMON OWNERSHIP
T.C.E.
TEMPORARY C0NMUCTI0N
EASEMENT
DA.WC.T.
DEED RFCMDS M
Wl-UAMSM COUNTY, TERAS
O.PA.CT.
W
OFFICIAL PUBNC R¢CM05
M WMAMSM COUNTY. TERAS
P.R.W.C.T.
PLAT RECM05 M
WWAMSM COUNTY. TERAS
CITY OF ROUND ROCK W 0.028'
(8.378 AG) J5218 1
VOL 592, PG 647
D.R.W.C.T.
0 30 60
\10'RXISTING EASEMENT
\ya- Y' �� (SEE NOTE 3)
T.C.E.
LOT 12
Loi 11
04,'QOJ
WIDOW CREEK i R
SECRON 2 N
CAB. 8, SLD. 271
P.R.W.GT.
EAS(PEREPEAT) STANLEY C. ROBERTS AND
9 / WIFE,BR DE R. ROBERIS
NOTES: / Va- 997, PAGE 778
1) BEARINGS SHOWN HEREON ARE BASED ON THE O.R.KKGT. d
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, J /�
CENTRAL ZONE. DISTANCES ARE SURFACE DISTANCES. / x-7,5' PUBLIC U11L17Y
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A EASEMENT
NTLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF \/ (PER PLAT)
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. S
3) 10' PERMANENT EASEMENT PER SEWERAGE SYSTEM
IMPROVEMENTS PLAN & PROFILE EXTENSION OF LINE 'D',F g
4' FORCE MAIN, PAGE 25 OF 39 DATED JUNE, 1972.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT /LOT 10
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED OF
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERMSION. / �
M. S TRUES LE DATE
M. STEPHEN TRUE90AlE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ��y 40 a j$
LICENSED STATE LAND SURVEYOR9,`\\�(es;�U;:yO
INLAND GEODETICS, LLC�SUTa
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103 �b
ROUND ROCK, TX 78681
I N L A N D u STANLEY C. ROBERTS
GEODETICS; BRIDE R. ROBERTS
P�sIONA DiMRNATORA PROPOSED EASEMENT & ACCOMPANYING T.C.E.
1504 CHISROLMTI LRD.M 103 0.028 ACRE
ROUND BOCN, Tx. 7USI
YH.15121138-1AXJ%RIA8T8-1251 1,218 SQUARE FEET PAGE 2 OF 2
'
r
CITY OF ROUND ROCK W 0.028'
(8.378 AG) J5218 1
VOL 592, PG 647
D.R.W.C.T.
0 30 60
\10'RXISTING EASEMENT
\ya- Y' �� (SEE NOTE 3)
T.C.E.
LOT 12
Loi 11
04,'QOJ
WIDOW CREEK i R
SECRON 2 N
CAB. 8, SLD. 271
P.R.W.GT.
EAS(PEREPEAT) STANLEY C. ROBERTS AND
9 / WIFE,BR DE R. ROBERIS
NOTES: / Va- 997, PAGE 778
1) BEARINGS SHOWN HEREON ARE BASED ON THE O.R.KKGT. d
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, J /�
CENTRAL ZONE. DISTANCES ARE SURFACE DISTANCES. / x-7,5' PUBLIC U11L17Y
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A EASEMENT
NTLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF \/ (PER PLAT)
RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. S
3) 10' PERMANENT EASEMENT PER SEWERAGE SYSTEM
IMPROVEMENTS PLAN & PROFILE EXTENSION OF LINE 'D',F g
4' FORCE MAIN, PAGE 25 OF 39 DATED JUNE, 1972.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT /LOT 10
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED OF
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERMSION. / �
M. S TRUES LE DATE
M. STEPHEN TRUE90AlE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ��y 40 a j$
LICENSED STATE LAND SURVEYOR9,`\\�(es;�U;:yO
INLAND GEODETICS, LLC�SUTa
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103 �b
ROUND ROCK, TX 78681
I N L A N D u STANLEY C. ROBERTS
GEODETICS; BRIDE R. ROBERTS
P�sIONA DiMRNATORA PROPOSED EASEMENT & ACCOMPANYING T.C.E.
1504 CHISROLMTI LRD.M 103 0.028 ACRE
ROUND BOCN, Tx. 7USI
YH.15121138-1AXJ%RIA8T8-1251 1,218 SQUARE FEET PAGE 2 OF 2
EXHIBIT B
WASTEWATER EASEMENT
Lake Creek 3 Wastewater Line
THE STATE OF TEXAS §
§ MOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That STANLEY C. ROBERTS and BRIDE R. ROBERTS, and their successors and assigns,
(hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and NO/100
DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND
ROCK, TEXAS, a municipal corporation, (hereinafter referred to as "Grantee"), whose mailing
address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual
easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge,
relocate, rebuild, repair, and remove a wastewater system and lines, together with all necessary
lines, pipes, conduits, valves, vaults, ventilators, and other equipment, improvements, accessories
and appurtenances or operations thereto, with the exception of manhole structures which shall
not be installed with the proposed Lake Creek 3 Upgrade Project, in, upon, over, under, above
and across the following described property of Grantor, to -wit:
Being a 0.028 acre tract of land in the Wiley Harris Survey, Abstract No.
298, Williamson County, Texas, and being more particularly described by
metes and bounds in Exhibit "A", attached hereto and incorporated herein
for all purposes; and
This conveyance is made and accepted subject to all conditions and restrictions, if any,
relating to the herein above described property to the extent, and only to the extent, that the same
may still be in force and effect and shown of record in the office of the County Clerk of
Williamson County, Texas.
Except as otherwise noted, the easement, rights and privileges herein granted shall be
perpetual; provided, however, that said easement, rights and privileges shall cease and revert to
Grantor in the event the said wastewater line is abandoned, or shall cease to be used, for a period
of five (5) consecutive years.
Grantor covenants that it will not subsequently convey any other easement or conflicting
rights within the area covered by this grant without the express written consent of Grantee, which
consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed
easement or conflicting use of the easement to determine the effect, if any, on the wastewater
lines contemplated herein. Prior to granting its consent for other easements, Grantee may require
reasonable safeguards to protect the integrity of the wastewater lines. As required by this
paragraph, express written consent of Grantee shall be obtained by Grantor in the following
manner: advance written notice must be given by certified mail to the (1) City of Round Rock
City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008
om2wn.Docx
Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of
Round Rock shall have ten (10) days in which to respond in writing granting consent,
conditioning consent upon reasonable safeguards, or denying consent.
Grantor further grants to Grantee
(a) the right of ingress to and egress from the easement over and across Grantor's
property by means of roads and lanes thereon, if such exist, otherwise by such
route(s) as shall occasion the least practicable damage or inconvenience to
Grantor; provided that such right of ingress and egress shall only be used if access
to the easement is not otherwise available from a public road, public right of way,
or existing easement; the foregoing right of ingress and egress includes the right
of Grantee to disassemble, remove, take down, and clear away any barricade or
other structure which obstructs, prevents, or hinders Grantee's ingress to and
egress from Grantor's property, and should Grantee deem it necessary to so
disassemble, remove, take down, or clear away any such barricade or other
structure, Grantee shall, as soon as is reasonably feasible, replace or restore
Grantor's property to as similar a condition as is reasonably practicable as existed
immediately prior to Grantee's actions pursuant to this provision, unless said
barricade or other structure is inconsistent with rights conveyed to Grantee herein;
(b) the right of construction, maintaining and using such roads on and across the
property as Grantee may deem necessary in the exercise of the right of ingress and
egress;
(c) the right to mark the location of the easement by suitable markers; provided that
such markers shall be placed in locations which will not interfere with any
reasonable use Grantor shall make of the easement;
(d) the right to grade the easement for the full width thereof and to extend the cuts
and fills for such grading into and on the land in the easement to such extent as
Grantee may find reasonably necessary;
(e) the right from time to time to trim and to cut down and clear away any and all
trees and brash now or hereafter on the easement and to trim and to cut down and
clear away any trees on either side of the easement which now or hereafter in the
opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings,
by reason of the danger of falling thereon or mot infiltration therein, of which
may otherwise interfere with the exercise of Grantee's rights hereunder; provided,
however, Grantee will provide written notice to Grantor prior to removal of any
trees outside of the easement, and provided that all trees which Grantee is hereby
authorized to cut and remove, if valuable for timber or firewood, shall continue to
be the property of Grantor, but all tops, lops, brash and refuse wood shall be
burned or removed by Grantee;
f_7
(1) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the easement; and
(g) the right to support the pipelines across ravines and watercourses with such
structures as Grantee shall deem necessary.
(h) Grantor further grants and conveys to Grantee the right to temporarily use
portions of the property adjacent to and parallel to the boundary of the easement
area described herein and as shown on drawing to accompany metes and bounds
description in Exhibit "A", as may be reasonably necessary to construct and
install the facilities described above. In no instance shall Grantee be entitled to
use more than the width extending from the current boundary of the easement(s)
than is specifically identified and described on the drawings which accompany the
field notes in Exhibit "A". Grantee shall not remove any trees larger than 10" in
diameter from the temporary easement area unless shown on the currently shown
on the approved engineering plan sheets or otherwise approved by Grantor in
advance, which approval shall not be unreasonably withheld. Upon completion of
the construction and installation of the facilities within the permanent easement
area, Grantee shall return this temporary construction area to the same or
substantially similar condition as existed prior to these activities. The temporary
construction easement shall exist from the date beginning upon written notice of
entry upon the temporary area to Grantor, and shall continue until the earlier to
occur of the following events: (a) the expiration of twelve (12) months; (b) final
completion of the project, that being defined as thirty (30) days after issuance of
the Certificate of Completion; or (c) December 31, 2016. The expiration of the
temporary construction easement shall not otherwise affect any of Grantee's
permanent easement rights granted herein.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and
repair any damage it shall do to Grantor's private roads or lanes on the
lands;
(c) To the extent allowed by law, Grantee shall indemnify Grantor against any
loss and damage which shall be caused by the exercise of the rights of
ingress and egress or by any wrongful or negligent act or omission of
Grantee's agents or employees in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of such easement
for any and all purposes which do not interfere with and prevent the use by Grantee of the
3.
easement, including the right to build and use the surface of the easement for private streets,
roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided
Grantor shall not erect or construct on the easement any building or other structure such as a
patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar
structure, or drill or operate any well, or construct any reservoir or other obstruction on the
easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall
not be responsible or liable for the removal, repair or damage to any property, structure, building,
or other use inconsistent with the rights conveyed to Grantee by the easement. Provided
however, before constructing any non -interfering improvements listed in this paragraph, at least
ten (10) days' written notice shall be provided to Grantee of the general plans of the
improvement to be constructed on the easement, and Grantor must first obtain the consent and
approval from Grantee of the construction and location of any improvements within the
easement.
It is understood and agreed that any and all equipment and facilities placed upon said
property by Grantee shall remain the property of Grantee.
Grantor hereby dedicates the easement as a public utility wastewater line easement.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns forever, and Grantor does hereby bind itself, and its successors and
assigns and legal representatives, to warrant and forever defend, all and singular, the above-
described easement and rights and interests unto Grantee, its successors and assigns, against
every person whomsoever lawfully claiming, or to claim same, or any part thereof.
[signature page follows]
4.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of
,201
'WTITLY M41
Stanley C. Roberts
Bride R. Roberts
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the day of the month of
'201, by Stanley C. Roberts and Bride R. Roberts, in the capacity and
for the purposes and consideration therein expressed.
After recording return to:
5.
Notary Public, State of Texas